Asian American Workers & Workplace Discrimination: What May’s AAPI Heritage Month Reveals

AAPI Heritage Month: A Celebration and Reflection on Workplace Equity

May is Asian American and Pacific Islander (AAPI) Heritage Month, recognizing the contributions of these people to the U.S. It commemorates the first Japanese immigration of May 7, 1843, and the completion of the First Transcontinental Railroad, largely constructed by Chinese immigrants on May 10, 1869. Beyond this celebration, the month highlights ongoing challenges like discrimination and the need to advance AAPI rights and civil rights. This entry aims to empower AAPI workers by discussing workplace discrimination, microaggressions, and legal recourse, particularly for those who live in New York, with insights that are relevant to New York discrimination lawyers.

Understanding Workplace Discrimination Against Asian Americans

Asian Americans face significant employment discrimination, with many reports claiming being denied jobs or promotions due to their race or ethnicity. The “model minority” myth, which falsely portrays all AAPIs as successful and free from racism, is a major barrier. This stereotype erases the diversity within the AAPI community, comprised 50 or so ethnic groups, and masks systemic discrimination. It contributes to the “bamboo ceiling,” where AAPIs are overlooked for leadership roles. AAPI women often face compounded discrimination.

Common forms of ethnicity discrimination in the workplace can manifest as refusals to hire, unfair termination, and unequal pay or opportunities for advancement. Language and accent discrimination are also prevalent forms of bias that AAPI workers may encounter.

What Are Microaggressions?

Microaggressions are brief and commonplace daily verbal, behavioral, and environmental indignities, whether intentional or unintentional, that communicate hostile, derogatory, or negative racial insults. These subtle acts contribute greatly to workplace harassment.

Common themes of microaggressions directed at AAPIs include the ascription of intelligence (such as assuming all AAPIs are good at math), the exoticization of Asian women, the invalidation of interethnic differences by treating the diverse AAPI community as monolithic, the denial of their racial reality by dismissing experiences with racism, and the pathologizing of their cultural values or communication styles. The cumulative psychological impact of these actions can be severe, leading to stress, anxiety, and diminished self-esteem, an experience sometimes described as “death by a thousand cuts.” A consistent pattern of microaggressions can create an intimidating, hostile, or offensive working environment, which is certainly unlawful.

Can I Sue for Racial Discrimination? Your Legal Protections

Federal, state, and local laws can provide robust protections for employees of AAPI descent.

Federal law, specifically Title VII of the Civil Rights Act of 1964, prohibits discrimination based on race, color, national origin, sex, and religion in all aspects of employment. This law is enforced by the EEOC. In New York State, the NYS Human Rights Law (NYSHRL) offers broad protections and applies to employers with four or more employees. Furthermore, New York City boasts one of the most protective anti-discrimination laws in the nation, the NYC Human Rights Law (NYCHRL), which also covers employers with four or more employees and is often interpreted more broadly than its federal and state counterparts. Consulting racial discrimination lawyers or workers’ rights attorneys is crucial for navigating these laws.

Can I Sue for Retaliation Tied to Bias Against AAPI Individuals?

Yes, retaliation for opposing discrimination is illegal under federal, NYS, and City laws.

Protected activity includes actions such as complaining about discrimination, filing a formal charge, or participating in an investigation. Retaliatory adverse actions are those serious enough to dissuade a reasonable employee from reporting discrimination, and can include termination, demotion, pay cuts, or unwarranted negative evaluations. Importantly, an employee is protected from retaliation even if their original discrimination complaint is ultimately found to be unsubstantiated, provided that it was made in good faith.

Taking Action: Protecting Your Workers’ Rights

If you believe that you are facing harassment or discrimination in the workplace, it is important to document everything meticulously. Keep detailed logs of incidents including dates, times, locations, what was said or committed, and who was involved in the case. If it feels appropriate and safe, consider reporting the incidents internally through your company’s HR department or established procedures.

Should internal reporting not resolve the issue, or if it’s not a safe option, you can file formal complaints with government agencies. At the federal level, claims can be filed with the EEOC, generally within 180 to 300 days of the discriminatory act. For state-level claims in New York, complaints can be made to the NYS Division of Human Rights, typically within three years of the act. In New York City, the NYC Commission on Human Rights accepts complaints, usually within one year of the last discriminatory act (or three years for gender-based harassment). It is highly advisable to consult with New York discrimination lawyers who can explain your civil rights in detail, evaluate your case, and guide you through the legal process. Organizations like Asian Americans Advancing Justice may also offer valuable resources and referrals.

Leveraging AAPI Heritage Month for Long-Term Change

This month presents an opportunity for employers to move beyond celebrations and take systemic action. This can take place in several key areas, like the following: educating employees on AAPI history, cultures, and the harm of stereotypes, reviewing and reforming policies and practices to dismantle biased systems, fostering inclusive environments by encouraging open dialogue and supporting AAPI resource groups, and establishing accountability through clear DEI goals for AAPI representation and promptly addressing discrimination.

Call Us

We at Filippatos PLLC stand in proud solidarity with the LGBTQIA+ community.  If you face racial discrimination, or any type of workplace harassment, remember that legal protections exist, and experienced lawyers and workers’ rights attorneys are available to assist. If you are experiencing discrimination at work due to this, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.